Fair Trial - Law Dictionary Search Results
Home Dictionary Name: fair trial Page: 2 Page 2 of about 20 results (0.004 seconds)hearing
hearing 1 : a proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision-making authority compare trial NOTE: The purpose of a hearing is to provide the opportunity for each side of a dispute, and esp. a person who may be deprived of his or her rights, to present its position. A hearing, along with notice, is a fundamental part of procedural due process. Hearings are also held, as for example by a legislature or an administrative agency, for the purpose of gathering information and hearing the testimony of witnesses. administrative hearing : a hearing conducted by an official (as an administrative law judge) or a body (as a review board) of an administrative agency regarding an agency action and esp. an action under dispute confirmation hearing 1 : a hearing conducted by the U.S. Senate to examine a nominee for the U.S. Supreme Court NOTE: Article II of the U.S. Constitution provides ...
jury
jury pl: ju·ries [Anglo-French juree, from feminine past participle of Old French jurer to swear, from Latin jurare, from jur- jus law] : a body of individuals sworn to give a decision on some matter submitted to them ;esp : a body of individuals selected and sworn to inquire into a question of fact and to give their verdict according to the evidence occasionally used with a pl. verb [the are always to decide whether the inference shall be drawn "Oliver Wendell Holmes, Jr."] see also advisory jury, array, grand jury, inquest, jury nullification, petit jury, special jury, trial jury, venire Amendment VI to the Constitution in the back matter NOTE: The jury of American and English law most likely originated in early Anglo-Norman property proceedings, where a body of 12 knights or freemen who were from the area, and usually familiar with the parties, would take an oath and answer questions put to them by a judge in order to determine property rights. Jury verdicts began to be us...
Libel
Libel [fr. libellus, Lat.; libelle, Fr.]. False defamatory words, if written and published, constitute a libel: Odgers on libel, p. 1. 'Everything printed or written, which reflects on the character of another, and is published without lawful justification or excuse, is a libel whatever the intention may have been', O'Brien v. Clement, (1846) 15 M & W 435, per Parke, B. A statement in a talking film is a libel and not merely a slander, Yossopoff v. Metro-Goldwyn-Mayer Picture Corporation, 78 Sol Jo 617. As to publication by dictation, etc., to a typist, see Osborn v. Boulter & Son, (1930) 2 KB 226. All contumelious matter that tends to degrade a man in the opinion of his neighbours, or to make him ridiculous, will amount (when conveyed in writing, or by picture, effigy, or the like, Monson v. Tussauds, Ltd., (1894)1 QB 671, to libel. A writing of fictitious character which incidentally contains the name of a real person may be a libel: see Jones v. Hulton & Co., 1910 AC 20, where Lord ...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
Breach of trust
Breach of trust, a violation of duty by a trustee, executor, or other person in a fiduciary position.In some cases a breach of trust may be a comparatively venial offence, arising from the trustee having honestly misconstrued the deed or will creating the trust either as to the persons entitled, or as to his powers of investment of or dealing with the trust property, or having otherwise erred in the discharge of his strict duty; in other cases he may have been guilty of negligence or carelessness involving at least some degree of moral blame; or, in other cases again, he may have committed some gross fraud. But in all these cases alike the trustee is personally responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In later times, however, the Court was not quite so astute in fixing honest trustees with liability for breach of trust as...
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
Discovery
Discovery, revealing or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or discover any document in his power, which would aid in the enforcement of a right, the repelling of an unjust demand, or the redress of a wrong; an infirmity which the equity judges cured by compelling such a party to disclose the fact, or discover the document, upon his oath, in his answer to a bill of complaint, filed by the opposite party, called a bill of discovery, which was an original bill.Sir James Wigram, V.C., in his work, entitled Points in the Law of Discovery, epitomized the two cardinal principles on this subject in the two following propositions:(1) It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the ...
Justification
Justification, a maintaining or showing a sufficient reason in court why the defendant did what he is called upon to answer, particularly in an action of libel; a defence of justification is a defence showing the libel to be true, or in an action of assault showing the violence to have been necessary.If in a libel action a defendant pleads justification he must give particulars of the matters upon which he intends to rely in support of his plea (see (English) R.S.C., Order XXXVI., r. 37); but it is otherwise if the plea is only one of fair comment, Digby v. Financial News, Ltd., (1907) 1 KB 502. Consult Odgers on Libel.Means (1) A lawful or sufficient reason for one's acts or omissions (2) A showing, in court, of a sufficient reason why a defendant did what the plaintiff or prosecution charges the defendant to answer for. Also termed justification defense; necessity defense (3) A surety's proof of having enough money or credit to provide security for the party for whom it is required. ...
Material facts and material particulars
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omi...
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